Yale Law Journal
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Double jeopardy law made simple.
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Contract and collaboration.
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Baseline framing in sentencing.
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The Politics of Decarceration: Prisoners of Politics: Breaking the Cycle of Mass Incarceration.
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Prosecuting gender-based persecution: the Islamic State at the ICC.
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An immigration Gideon for lawful permanent residents.
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The unfinished business of bankruptcy reform: a proposal to improve the treatment of support creditors.
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How to trim a Christmas tree: beyond severability and inseverability for omnibus statutes.
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Arbitrary rationality.
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Prison Law Writing Contest.
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Judge stories.
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Rethinking criminal law and family status.
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Political illiberalism: the paradox of disenfranchisement and the ambivalences of Rawlsian justice.
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State pension deficits, the recession, and a modern view of the contracts clause.
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What is wrong with inflicting shame sanctions?
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Gideon at fifty: a problem of political will.(Symposium on Gideon v. Wainwright)
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Deference Spillover: The End of Witherspoon in Capital Appeals.
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Disastrously misunderstood: judicial deference in the Japanese-American cases.
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The ideology of authorship revisited: authors, markets, and liberal values in early American copyright.
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Originalism Without Text.
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Toward an efficient licensing and rate-setting regime: reconstructing s. 114(i) of the Copyright Act.
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Present at antitrust's creation: consumer welfare in the Sherman Act's state statutory forerunners.
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Introduction to the Special Issue on the Law of the Territories.
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Inventing a nonexclusive patent system.
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Remembering In re Turner: Popular Constitutionalism in the Reconstruction Era.
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Measuring the fortress: explaining trends in Supreme Court and Circuit Court dictionary use.
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Pluralism and distrust: how courts can support democracy by lowering the stakes of politics.
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Bankruptcy, backwards: the problem of quasi-sovereign debt.
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Burke Marshall's memorial.
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The Political Economy of Arbitration Law.
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State court defiance and the limits of Supreme Court authority: Williams v. Georgia revisited.
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An Avoidance Canon for Erie: Using Federalism to Resolve Shady Groves Conflicts Analysis Problem.
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Solomonic bargaining: dividing a legal entitlement to facilitate Coasean trade.
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To Keep and Bear Arms: The Origins of an Anglo-American Right.
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Truer U.S. History: Race, Borders, and Status Manipulation.
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Citizen Brown.
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Poor people lose: Gideon and the critique of rights.
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The pursuit of 'popular intent': interpretive dilemmas in direct democracy.
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Lawmaking in the shadow of the bargain: contract procedure as a second-best alternative to mandatory arbitration.
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Seeking more scienter: the effect of False Claims Act interpretations.
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The costs of cigarettes: the economic case for ex post incentive-based regulation.
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Song fa xiaxiang: Zhongguo jiceng sifazhidu yanjiu.
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Justice Blackmun and the "world out there." (US Supreme Court Justice Harry A. Blackmun)
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Free-World Law Behind Bars.
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Suspending employers' immigration-related duties during labor disputes: a statutory proposal.
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The Plaintiff Police.
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Equal protection and the special relationship: the case of native Hawaiians.
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A proposal for measuring underrepresentation in the composition of the jury wheel.
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The Neglected Port Preference Clause and the Jones Act.
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After Obergefell.
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Combatant status review tribunals: flawed answers to the wrong question.
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Dissolving cities.
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Withdrawal restrictions in the automobile insurance market.
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Order Without Law: How Neighbors Settle Disputes.
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Text, history, and tradition: what the Seventh Amendment can teach us about the second.(Introduction through II. The Seventh Amendment Text, History, and Test, p. 852-893)
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The Supreme Court and the law of nations.
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Symposium introduction.
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Originalism-by-Analogy and Second Amendment Adjudication.
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A reassessment of common law protections for 'idiots'.
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Adventures in the zone of twilight: separation of powers and national economic security in the Mexican bailout.
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The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State.
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Transformation requires transparency: critical policy reforms to advance campus sexual violence response.
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Domesticating international criminal law: bringing human rights violators to justice.
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The probation officer and the Federal Sentencing Guidelines: strange philosophical bedfellows.
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The right solution to the wrong problem: the status of controlling shareholders after In re John Q. Hammons Hotels Inc.
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Section 5 constraints on Congress through the lens of article III and the constitutionality of the Employment Non-Discrimination Act.
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The classic rule of faith and credit.
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Battered Women and Feminist Lawmaking.
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Contentious business: merchants and the creation of a westernized judiciary in Hawai'i.
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The casualty of investor protection in times of economic crisis.
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'The rule of love': wife beating as prerogative and privacy.
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State Courts and Constitutional Structure; 51 Imperfect Solutions: States and the Making of American Constitutional Law.
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Reconstructing the Bankruptcy Power: An Originalist Approach.
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The "M" in MLP: a proposal for expanding the roles of clinicians in medical-legal partnerships.
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THE YALE LAW JOURNAL.
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Simple fairness: ending discrimination in health insurance coverage of addiction treatment.
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The canons of war.
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The Strategies of Anticompetitive Common Ownership.
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Retroactive Adjudication.
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Citizens informed: broader disclosure and disclaimer for corporate electoral advocacy in the wake of Citizens United.
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Currency policies and legal development in colonial New England.
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Globalization and distrust.
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Changing the wind: notes toward a demosprudence of law and social movements.(Introduction through I. Nomos and Narrative, p. 2740-2777)(The Meaning of the Civil Rights Revolution)
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The "other" side of Richardson v. Ramirez: a textual challenge to felon disenfranchisement.
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The Obsolescence of Advertising in the Information Age.
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Abundance and user control: renewing the Democratic heart of the First Amendment in the age of interactive media.
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Befriended by Abe Goldstein.
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Viewing CSI and the threshold of guilt: managing truth and justice in reality and fiction.
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Political Determinants of Corporate Governance: Political Context, Corporate Impact.
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Created in its image: the race analogy, gay identity, and gay litigation in the 1950s-1970s.
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God's house, or the law's.
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The Selling of Supreme Court Nominees.
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The Intercircuit Exclusionary Rule.
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Limiting the federal forum: the dangers of an expansive interpretation of the Tax Injunction Act.
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Governance reform and the judicial role in municipal bankruptcy.
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Six Puerto Rican Congressmen go to Washington.
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Joseph Goldstein: my teacher.
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Principles Don't Change.(former Supreme Court Justice David Souter)
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Eldred and Lochner: copyright term extension and intellectual property as constitutional property.
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The growth of litigation finance in DOJ whistleblower suits: implications and recommendations.
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Offering an invisible hand: the rise of the personal choice model for rationing public benefits.
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The lost "effects" of the Fourth Amendment: giving personal property due protection.
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Constitutional law in an age of proportionality.
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Consumerism versus producerism: a study in comparative law.
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The mystery of the 'but'.
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The case against automatic reversal of structural errors.
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How Qualified Immunity Fails.
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The Borderline Constitution.
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A Question of Intent: A Great American Battle with a Deadly Industry.
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The Forgotten History of Metes and Bounds.
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Disaggregating legal strategies in the war on terror.
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The president's budget as a source of agency policy control.
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Shareholder dividend options.
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'To feel the great forces': the times of Burke Marshall.
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Principled limitations on racial and partisan redistricting.
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Constitutional equity.
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The Statutory Separation of Powers.
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Railroad Regulation Reinterpreted.
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Ghostwriting Federalism.(Introduction to V. Agency State Lawmaking and "Our Federalism" C. Can Agencies Promote State Experimentation?, with footnotes)
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Errata.
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Leviathan and interpretive revolution: the administrative state, the judiciary, and the rise of legislative history, 1890-1950.
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Equal protection in the key of respect.
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Criminal law comes home.
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Overcoming Law.
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Campus sexual assault adjudication and resistance to reform.
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Limiting coercive speech in class actions.
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Mothers in Law: Feminist Theory and the Legal Regulation of Motherhood.
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Plea bargaining's triumph.
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Antibankruptcy.
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Probable Cause Pluralism.
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America's lived constitution.
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Mrs. Dred Scott.
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Punishing masculinity in gay asylum claims.
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Tax cases make bad work product law: the discoverability of litigation risk assessments after United States v. Textron.
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Monuments to the Confederacy and the Right to Destroy in Cultural-Property Law.
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The paradigm-case method.
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Overlooking a Sixth Amendment framework.
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Equal protection by law: federal antidiscrimination legislation after Morrison and Kimel.
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Myres S. McDougal: a selected bibliography.
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Spending Money To Make Money: CBO Scoring of Secondary Effects.
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Contra nemo iudex in sua causa: the limits of impartiality.
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Behavioral economics and paternalism.
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Deliberative trouble? Why groups go to extremes.
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Separate spheres.
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The Attorney General's Settlement Authority and the Separation of Powers.
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The Internet and the dormant commerce clause.
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Let the burden fit the crime: extending proportionality review to sex offenders.
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Stereotyping and difference: the future of sex discrimination law.
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Agencies as litigation gatekeepers.
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'And our posterity.' (referring to Constitution's Preamble, this address discusses the past and future of the American constitutional people)
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The most dangerous branch.
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Education, equality, and national citizenship.
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Unveiling inequality: burqa bans and nondiscrimination jurisprudence at the European Court of Human Rights.
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Original jurisdiction deadlocks.
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The Corruption of American Politics: What Went Wrong and Why.
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The New Class Blindness.
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Class ascertainability.
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De-schooling constitutional law.(The Meaning of the Civil Rights Revolution)(response to symposium articles in this issue)
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How judges overrule: speech act theory and the doctrine of stare decisis.
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Rain Without Thunder: The Ideology of the Animal Rights Movement.
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The Dilemma of Localism in an Era of Polarization.
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The King of Torts.
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Sharing nicely: on shareable goods and the emergence of sharing as a modality of economic production.
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Antislavery courts and the dawn of international human rights law.
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Faulty assumptions and undemocratic consequences of campaign finance reform.
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Certification as Sabotage: Lessons from Guantanamo Bay.
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Fear of adversariness: using Gideon to restrict defendants' invocation of adversary procedures.
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Minorities, shareholder and otherwise.
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The growth of litigation finance in DOJ whistleblower suits: implications and recommendations.
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Toward a theory of effective supranational adjudication.
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Expounding the Constitution.
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Recovering American administrative law: federalist foundations, 1787-1801.
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Parrhesiastic accountability: investigatory commissions and executive power in an age of terror.
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The Radical Roots of the Representative Jury.
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Unpacking Third-Party Standing.
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The uneasy case for favoring long-term shareholders.
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The President: lightning rod or king?
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Refreshing the page on online collateral auctions.
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Introduction: property rules as remedies.
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From child protection to children's rights: rethinking homosexual propaganda bans in human rights law.
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Allocating the local apportionment pie: what portion for resident aliens?
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Pregnancy, Poverty, and the State.
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Have we moved beyond the civil rights revolution?
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Island Judges.
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The emergency constitution.
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The genius of Charles Black.
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Why Is It Wrong To Punish Thought?
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Williams-Yulee and the anomaly of campaign finance law.
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A case for varying interpretive deference at the state level.
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Reconceptualizing the burden of proof.
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A liberal theory of social welfare: fairness, utility, and the Pareto principle.
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Ruling by numbers: political restructuring and the reconsideration of democratic commitments after Romer v. Evans.
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Alex Bickel's law school and ours.
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The dean.
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Presidential power over international law: restoring the balance.
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Boris I. Bittker.
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Against immutability.
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The rise of rise of dispersed ownnership: the roles of law and the state in the separation of ownership and control.
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Political Liberalism.
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Which way to nudge? Uncovering preferences in the behavioral age.
